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(영문) 서울고등법원 2019.06.12 2019나2001501
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is to delete one part of each week at the fourth bottom of the judgment of the court of first instance, and the defendant’s assertion is identical to the ground of the judgment of the court of first instance, even if the defendant appears in this court, except as otherwise stated in paragraph (2) below, except as otherwise stated in paragraph (2).

2. Determination on the statute of limitations defense

A. The loan amounting to KRW 1.7 billion stated in the Defendant’s argument in the loan certificate of this case is divided into KRW 20 million, KRW 800 million, and KRW 700 million, and the above KRW 20 million, KRW 800, and KRW 700,000 shall be deemed separate loan claims.

However, the Plaintiff set up a right to collateral security with respect to KRW 200,000,000 among the loans, and received the instant shares in the process of voluntary auction based thereon. As such, the extinctive prescription for the remaining loans has expired.

B. As seen earlier, the fact that the maturity of the principal amounting to KRW 1.7 billion in the loan certificate of this case was determined on July 19, 2006 is recognized.

However, comprehensively taking account of the overall purport of the pleadings as to Gap's evidence Nos. 1 and 2, the plaintiff completed the registration of creation of a mortgage on the share of this case owned by the defendant on March 17, 2005 due to the contract executed on March 15, 2005, which was the maximum debt amount of 260 million won, and Article 1 of the loan certificate of this case set the principal amount as 1.7 billion won, and Article 6 of the loan certificate of this case agreed that "the defendant shall substitute the real estate established on March 15, 2005 (the maximum debt amount: 260 million won, the mortgagee: the plaintiff) as security on the relevant claim." The plaintiff applied for a voluntary auction on January 18, 2008, which was the defendant's failure to repay the loan amount as stipulated in the loan certificate of this case, and confirmed the fact that the registration of commencement of sale of this case was cancelled on Oct. 28, 2008.

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